The two viewpoints, the so-called appointment (intiÒÁb) of the Muslim ruling jurist (vali-e faqih) and election (intikhÁb) are two theories that divide those who believe in the guardianship of the Muslim Jurist (velÁyat-e faqih) into two groups. The majority of Muslim jurists who accept the rule of the Muslim jurist during the Occultation Period (ghaybat) adhere to the theory of appointment, considering the legitimacy of the Muslim jurist and his rule to stem from his appointment by the infallible Imam (peace be upon him). In contrast, some consider the legitimacy of the Muslim jurist’s rule contingent upon the people’s election. Given the fact that the establishment of an Islamic government by a fully qualified Muslim jurist necessitates the enactment of laws and rulings that he formulates for the administration of Muslim community, considering the scope of his authority and the welfare of the community. Taking into consideration the two existing theories and the presence of opponents and deniers of the Muslim jurist, the following question arises, “From a jurisprudential perspective, are the rulings made by the ruler, in addition to being enforceable and binding on those who agree with him, also enforceable and binding on those who abstain from or deny the ruler, or not? Furthermore, does the necessity of obeying the ruler’s decrees differ based on the theory that posits the elective nature of the position of guardianship for the Muslim jurist, compared to the theory that posits the appointive nature of the position of guardianship? In the present study, which employs a library research method and gathers information electronically on the objectives in question, the theory of appointment is introduced as the correct one by mentioning the implications of the Election Theory. By utilizing Qur’anic, textual, and rational arguments, it demonstrates that the rulings of the Muslim jurist are binding even for those who believe in elective guardianship, establishing the generality of the necessity of obedience for both supporters and deniers of the Muslim jurist.
bahramarjavand,R . (2025). An Examination of Authority over the Denier (Abstainer) in the Theory of Election and Appointment. Islamic Government, 30(2), 31-50.
MLA
bahramarjavand,R . "An Examination of Authority over the Denier (Abstainer) in the Theory of Election and Appointment", Islamic Government, 30, 2, 2025, 31-50.
HARVARD
bahramarjavand R. (2025). 'An Examination of Authority over the Denier (Abstainer) in the Theory of Election and Appointment', Islamic Government, 30(2), pp. 31-50.
CHICAGO
R bahramarjavand, "An Examination of Authority over the Denier (Abstainer) in the Theory of Election and Appointment," Islamic Government, 30 2 (2025): 31-50,
VANCOUVER
bahramarjavand R. An Examination of Authority over the Denier (Abstainer) in the Theory of Election and Appointment. Islamic Government. 2025;30(2):31-50 (In Persian).